My hunch is it will be just 249 people and won’t be triggered. Didn’t know if anyone has inside info willing to anonymously share. Would make us calmer if WARN is triggered so have more warning
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@1jai if pay at gf is good for you, no shame to ride it out and get the severance. I never went back as gf couldn't come close to matching new pay package. And new job is simply so much better. saw peers come back to gf taking a lower band and didn't understand why they would do that. But maybe they will get another round of severance now and good for them if they do!
not him but you should still apply to IBM or SUNY or any of the companies in Albany as a tech if you are a current tech in GF. I know that some SUNY techs get hired by IBM if there are openings. Good luck.
Did you then come back to GF at some point? I can’t relocate and IBM isn’t going to hire many techs for the small cleanroom in Albany. Considering a career change but nowhere will pay what I make at GF right now.
Correcting information in someone's prior post. You still get paid full WARN and severance even after you start a new job. Laid off in prior pivot, went to new job 3 weeks later at a supplier. Continued to be paid by GF for the full 90 day WARN term while also collecting new salary, then received another 6 month lump sum payment on top of WARN. Best thing that ever happened to me at GF and my story was quite typical. Getting pivoted is a huge payday if you have tenure in a WARN-size pivot.
You are talking federal WARN and I am talking NY. There is no way we will hit federal WARN numbers and NY is stricter.
Know what you're doing. Don't let GF fly under the radar.
Five “Warnings” When Paying In Lieu Of WARN
The Worker Adjustment and Retraining Notification Act (“WARN”) requires an employer with 100 or more full-time employees to provide 60 days’ notice to all employees who will be affected by a mass layoff or plant closing at a single site. If the WARN notice requirement is violated, each affected employee is entitled to damages equal to compensation and benefits as defined under the Act for a period of 60 days. Nothing under the WARN Act, however, requires employers to continue to employ affected employees during the 60 day notice period. Subsequently, employers may “pay in lieu” of providing WARN notice.
Before “paying in lieu” of notice, employers should consider all of the necessary elements in valuing the requisite payments under WARN. Failure to properly compensate affected employees may result in litigation, attorneys’ fees, and civil penalties. For these reasons, it is important to heed the following five “Warnings” when paying in lieu of providing WARN notice:
Properly count the 60-day period. Affected employees are entitled to 60 days of compensation and benefits. Some jurisdictions require that damage calculations be measured by 60 work days rather than 60 calendar days, which can significantly affect an employer’s calculation of back pay and benefits under WARN.
Back pay may not be equivalent to current pay. Back pay is defined under the WARN act as the higher of “the average regular rate received by such employee during the last three years of the employee’s employment” or the “final regular rate by such employee.” If an employer simply uses an affected employee’s current rate of pay to compute back pay, the employer may inadvertently violate WARN.
Benefits may include non-ERISA benefit plans. Benefits are defined under WARN to include all benefit plans that are subject to ERISA. Benefits, however, may also include non-ERISA benefit plans. Some jurisdictions require that non-ERISA benefit plans such as vacation pay policies and/or equity incentive plans be included in computing payments in lieu of providing notice.
Benefits also include the cost of medical expenses. Benefits also include “the cost of medical expenses incurred during the employment loss, which would have been covered under an employee benefit plan if the employment loss had not occurred.” To avoid liability under WARN, employers might want to consider extending health insurance coverage.
Health benefits may not be extended to terminated employees. The applicable health insurance plan may not allow an employer to extend coverage to terminated employees. Employers faced with this situation may want to consider paying for the employees’ COBRA premiums for 60 days.
Employers are well-advised to take precaution and seek counsel when considering “paying in lieu” of providing WARN notice. There are a number of risks associated with valuing payments under WARN that can inadvertently lead to legal claims.
If you are affected next week the normal procedure is to walk you out of the door and take your laptop and badge. You cannot return to work, but you are still an employee and will receive a paycheck for the next 90 days on schedule. After 90 days the WARN act is satisfied and THEN you get terminated/ laid off, with what ever package the company decides to give you.
So the 5% who were "laid off" in June are technically still employed. That 3 months of pay is to satisfy the WARN act. GF can then choose to give or not give you 2 weeks, 6 weeks, or nothing at all as severance.
Good luck next week.
I was under the impression that the 90 days severance /was/ the payment in lieu of WARN, not on top of the WARN payments. We’ll see.
Thanks for reminding me to take a snapshot of my vacation balance. If I get the axe I want to make sure they pay me the few k$ worth that I've accrued
@oli+1k5uZxxc does point out a important thing to note. As soon as you accept a new job you forfeit whatever payment structure GF has set up to circumvent the local states laws and reporting.
I was always curious though. How would they know? Couldn’t you be sneaky right back to them? They set up the system to bypass (loophole) reporting to ny state. So technically you don’t have to report to them you got a new job??
I like the pay every two weeks (where you “quit “ if you get a new job) over a lump sum personally or being forced to work those three months.
You got it…
Globalfoundries is the king of being sneaky shady. Professional! Nah sneaky fu--s but hey it’s legal and they can do it, but professionals? No never in halls of Malta
So you are technically an employee those 90 days and get paid every two weeks but don’t come on site? And severance starts after and you get paid out vacation?
I’d be thrilled with that!!!!
They will circumvent the Warn Act by paying you for 90 days. “In lieu of Warn Act” waiver, you sign this when you exit.